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The Burden Of Proof To The Distribution System

Posted on:2012-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
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In civil proceedings, the matters which the plaintiff and the defendant can not come to agree in dispute and determine a party's claim or lawsuit claims is the key in a case. It can be said that the issue in a case is the disputes which the parties can't reach agreement by proving to confirm their own claims.In civil law countries, the subject matters are the core of a case. We can easily find that the procedure is divided by it. The proceeding is carried out by court surrounding the issues. One party only to prove, confirm their claims and deny the other party's claim can win in the suit. One party through submitting the evidence completes his proving. The other party must submit the relevant evidence to refute that proving. If the civil action is dynamic, the operation of burden of proof is like a "table-tennis".Compared various theory involving the burden of proof and practices, we think the burden of proof is not one-off, which is a dynamic process. However, various theory about the burden of proof only standards the settlement of the allocation of burden of proof.There are four chapters in thi s essay.The first chapter is about the concept and the history of burden of proof. As I just said in above, the running of the burden of proof in civil proceedings like "Table Tennis" is a dynamic process. The parties involved in a case in favor of doing everything possible to provide more favorable evidence to prove the claims. Once the proving is enough, the j udge has the confidence.In the second chapter, all ocation of the burden of proof the main theories were compared and anal yzed. In this section, the author inspects the major theories about distribution of the burden of proof by systematic study method. Then, author compare the mode of burden of evidence, the transference of the burden of proof, the standards of proof and specific procedure of submitting the evidences to give a reference.In the third chapter author points out the differences between the process of the civil issue coordination, the allocation of the burden of proof and other relevant procedure.In the fourth chapter, author analyzes the burden of proof about the legislative and the judicial practice, and points out that the legislation of burden of proof in China does not explicitly the standard of proof in civil proceedings and transference of burden of proof.
Keywords/Search Tags:the transference of burden of proof, the allocation of burden of proof, issues and claims
PDF Full Text Request
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